Date of Filing:17.04.2008<br /> Date of Order:30.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 965 OF 2008<br /> Vibhu Swami<br /> # 201, Sannidhi Enclave<br /> Nrupatunganagar, J.P. Nagar<br /> 7th Phase, Bangalore Complainant<br /> V/S<br /> Kingfisher Airlines (R.O.)<br /> Kingfisher Airlines Limited<br /> UB Tower, Level 12<br /> UB City 24, Vittal Mallya Road<br /> Bangalore 560 001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The facts of the case are that complainant travelled in opposite party airlines on 7th March 2008 from Delhi to Bangalore. After landing in Bangalore he noticed that one of his baggage has not reached Bangalore. He brought same to the notice of airlines authority. He was asked to go home and assured that he will be informed about the missing bag. Even after putting all his efforts he did not get his bag. He wrote mail to Kingfisher staff. He stated the cost of the items lost was Rs. 30,000/-. He has claimed Rs. 50,000/- as compensation.<br /> 2. Notice issued to opposite party. Opposite party was put in appearance and filed defence version. It is submitted that the opposite party’s liability for loss, delay or damage of baggage is limited to INR 450 per kilo, unless special declaration of the value has been made in advance. Accordingly, a sum of Rs. 3,150/- was offered to the complainant. But, the complainant has not accepted the same.<br /> 3. Arguments are heard. I have perused the complaint, documents and defence version.<br /> 4. The facts are almost admitted. The complainant has lost one baggage is also admitted. It is a fact that the opposite party has offered to pay sum of Rs. 3,150/- i.e. Rs. 450 per kilo. But, the complainant has refused to accept the said offer and he has approached this forum claiming compensation of Rs. 50,000/- plus Rs. 30,000/- the cost of the items lost. During the course of argument the complainant was present in person submitted that he is ready to accept compensation of Rs. 25,000/-. The learned advocate for the opposite party submitted as a good gesture and to maintain good relationship with the customers the opposite party is ready to pay compensation of Rs. 15,000/- to Rs. 20,000/- and both the parties ultimately left the matter to be decided by the forum taking into consideration facts and circumstances of the case. The fact that the complainant has lost the baggage is clearly a deficiency in service. The Consumer Protection Act is a social legislation. It is the intended to protect better interests of the consumers. The protection of the consumers is the need of the hour. The complainant submitted that he has lost Shivlinga of Lord Shiva, 2 silver plates, pooja books, earthen idols, prasadam and other pooja items. The articles mentioned by the complainant are of pooja items which are required to the complainant for day to day pooja. Therefore, it is a matter of emotional feeling. Since, the complainant has lost the pooja items and pooja books definitely he has suffered mental agony, inconvenience and hardship. Payment of statutory compensation will not absolve the responsibility of the opposite party. It is true that the opposite party has offered Rs. 3,150/- as compensation. But, that will not be a just, fair and reasonable compensation for all the sufferings under gone by the complainant. As already submitted that during the course of arguments the parties have come to some understanding and settlement. There is no much difference as regards quantum of compensation. Therefore, on the facts and circumstances of the case I feel it would be just, fair and reasonable to award Rs. 25,000/- as compensation to the complainant for loss of baggage. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The Complaint is partly allowed. The opposite party is directed to pay compensation of Rs. 25,000/- to the complainant within 30 days from the date of this order. The opposite party is directed to pay the amount directly to the complainant by way of D.D. / Cheque with intimation to this forum. In the event of non-compliance of this order within 30 days the compensation amount carries interest at 10% p.a. from the date of this order till the date of payment / realization. No order as to costs.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 30TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />